Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.926/SS/2019
Exh.18
ORDER BELOW EXH.18
1. This is an application filed by complainant under
Section 143-A of Negotiable Instrument Act with the prayer that
accused be directed to pay 20 % of cheque amount towards
interim compensation to it.
2. Brief contention of the application :
Complainant has filed present complaint under
Section 138 of N.I.Act against accused for dishonour of cheque.
Accused appeared before the Court and pleaded not guilty. It is
contended that complainant required said amount for day to
day expenses and also for expenses of her minor child. It is
lastly contended that in the interest of justice and good
conscience accused may be directed to pay interim
compensation. Hence, this application.
3. Accused has filed his reply at (Exh.25) and opposed
the application. It is submitted that the object and purpose
behind the enactment of Section 143A of the N.I. Act was to
disincentives unscrupulous litigants from purposefully delaying
proceedings. It is further submitted that accused di not adopt
delay tactics, file frivolous petitions, evade service therefore, no
justifiable reason exists to allow this application. It is next
submitted that he is having good case on merits and has not
committed criminal offence. It is also submitted that he is ready
to stand as he is not guilty and complainant has made vexatious
and
malafide complaint only to harass him and to extract money
from him unlawfully. It is next submitted that complainant
failed to provide any material particulars regarding alleged
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2 C. C. No.926/SS/2019
Exh.18
offence and also failed to miserably in satisfying basic
requirements mandated under Section 138 of N.I. Act. It is
further submitted that provision of Section 143A of N.I. Act is
not a mandatory and same is discretionary as per the judgment
of the Hon’ble Bombay High Court in the case of Ashwin
Ashokrao Karokar V/s. Laxmikant Govind Joshi. He also submits
that in case of Rakesh Rajan Shrivastava V/s. State of
Jharkahand and another the court has laid down broad
parameters for granting interim compensation under Section
143A of N.I. Act and held that granting of interim compensation
is not mandatory. Hence, he prayed to reject the application.
4. Heard both sides at length.
5. Accused has pleaded not guilty to the accusation
made in the complaint. Prima facie offence under Section 138
of N.I. Act is made out against accused. Section 143A of N.I.
Act empowers the Court to grant interim compensation to the
complainant from drawer of the cheque. It will take certain time
to decide main complaint on merit. Till then, it is necessary to
award certain compensation to the complainant. In the result, I
pass following order :
ORDER
1) Accused is hereby directed to pay 20 % of cheque amount
to the complainant as interim compensation under Section
143-A(1) of Negotiable Instrument Act, within 60 days
from the date of this order.
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3 C. C. No.926/SS/2019
Exh.18
2) Complainant to file undertaking that, if, the accused is
acquitted, she will repay the said amount to the accused
with interest at the bank rate as published by the Reserve
Bank of India prevalent at the beginning of the relevant
financial year, within 60 days from the date of the order.
Date : 23/08/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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